Civil rights requirements
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Civil Rights Requirements. Revised: 8/2014. GOALS OF CIVIL RIGHTS. Equal treatment for all applicants and beneficiaries Knowledge of rights and responsibilities Elimination of illegal barriers that prevent or deter people from receiving benefits Dignity and respect for all.

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Civil Rights Requirements

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Civil rights requirements

Civil Rights Requirements

Revised: 8/2014


Goals of civil rights

GOALS OF CIVIL RIGHTS

  • Equal treatment for all applicants and beneficiaries

  • Knowledge of rights and responsibilities

  • Elimination of illegal barriers that prevent or deter people from receiving benefits

  • Dignity and respect for all


What is discrimination

What is Discrimination?

The act of distinguishing one person or

group of persons from other, either

intentionally, by neglect, or by the effect of

actions or lack of actions based on their

protected classes.


What is a protected class

Any person or group of people who have characteristics for which discrimination is prohibited based on a law, regulation, or executive order.

What Is a Protected Class?

  • Race

  • Color

  • National Origin

  • Sex

  • Disability

  • Age


Discrimination four d s

Discrimination = Four D’s

…an individual or group is:

  • Denied benefits or services that others

    receive

  • Delayed receiving benefits or services

    that others receive

  • TreatedDifferentlythan others to their

    disadvantage

  • Given Disparate treatment something

    which does not seem discriminatory, but

    has a discriminatory impact in practice


Examples of discrimination

Examples of Discrimination

  • Refuse a child’s enrollment based on disability

  • Failure to provide reasonable accommodations

    to disabled individuals

  • Serving meals at a time, place, or manner

    that is discriminatory

  • Selectively distributing applications

  • Failure to provide the same eligibility criteria

    to all participants


Components of civil rights compliance

Components of Civil Rights Compliance

  • Public Notification System

  • Outreach and Education

  • Data Collection

  • Reasonable Accommodations

  • Civil Rights Complaint Procedures

  • Technical Assistance and Training

  • Customer Service

  • Conflict Resolution


Equal access

Equal Access

  • All children who attend must be provided equal access to the benefits of the SMP.

  • To withhold the program from any eligible age group is age discrimination.


Public notification

Public Notification


Public notification1

Public Notification

Must include information on:

  • Eligibility

  • Benefits & Services

    • i.e. assistance with milk purchases

  • Program availability

  • Applicant rights and responsibilities

  • Procedures for filing a complaint

  • Non-discrimination policies


Methods of public notification

Methods of Public Notification

  • Public News Media Release (required)

    • Inform the general public that your agency sponsors the SMP and that milk is provided at no separate charge.

  • Post “And Justice for All” Poster (required)

    • Includes the USDA’s nondiscrimination statement and lists the USDA contact information for filing a complaint of discrimination.

  • Other methods of public notification (optional):

    • Bulletins

    • Letters/Leaflets/Brochures

    • Internet/Computer-based Applications


Public notification system

Public Notification System

  • News Media Release

    • Annually submit to local news media outlet

      • (i.e.- newspaper)

    • Keep a copy on file stating where and when submitted


And justice for all poster

“And Justice for All” Poster

  • All agencies participating in Child Nutrition Programs must display the USDA’s non-discrimination poster in a prominent area where participants and potential participants have access

    • Examples: cafeteria/food service area, office, parent bulletin board

  • Must be posted at every site

  • Must be 11” x 17” format


Obtaining and justice for all posters

Obtaining “And Justice For All” Posters

  • "And Justice for All" poster is available to download from the USDA website for temporary use (http://www.rma.usda.gov/aboutrma/civilrights/AD-475C.pdf)

  • DPI provides posters to centers free of charge. To order posters for permanent use, contact your assigned consultant.


Outreach and education

Outreach and Education


Outreach and education1

Outreach and Education

  • You want to reach as many potential children as possible.

  • You want to ensure program access.

  • You need to pay attention to under-represented groups.

  • Include the required nondiscrimination statement on all appropriate FNS and agency publications, web sites, posters, and informational materials.

  • When using graphics, reflect diversity and inclusion.


Outreach and education2

Outreach and Education

Include non-discrimination statement on all materials that mention or imply SMP and/or USDA programs (including websites)


Required non discrimination statement language

Required Non-Discrimination Statement Language

The U.S Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department.  (Not all prohibited bases will apply to all programs and/or employment activities.)

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected]

Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish).

USDA is an equal opportunity provider and employer.


Required non discrimination statement language1

Required Non-Discrimination Statement Language

“USDA is an equal opportunity provider and employer.”

If the material or document is too small to permit the full statement (previous slide) to be included, the material MUST, at a minimum, include:

DPI Website for Special Milk:

http://fns.dpi.wi.gov/fns_specmlk1


Ethnic and racial data collection

Ethnic and Racial Data Collection


Why do i have to collect ethnic and racial data

Why do I have to collect ethnic and racial data?

Ethnic and racial data is used to determine how effectively your program is reaching potentially eligible children and where outreach may be needed.


Collecting and recording participation data

Collecting and Recording Participation Data

  • Establish a system to collect ethnic and racial data on an annual basis

  • Program applicants may not be required to furnish ethnicity and race

  • Data collectors may not second guess, change, or challenge a self-declaration of ethnicity and race made by a participant unless such declarations are blatantly false


Data collecting and reporting

Data Collecting and Reporting

Collect ethnic data first, then racial data

1. Ethnicity categories:

  • Hispanic or Latino

  • Non-Hispanic or Non-Latino

    2. Racial categories (instructions should specify “mark one or more”)

  • American Indian or Alaskan Native

  • Asian

  • Black or African American

  • Native Hawaiian or other Pacific Islander

  • White


Racial and ethnic data collection

Racial and Ethnic Data Collection

  • You may use one of the following two methods to determine ethnicity and race:

  • Visual identification by a center official

  • Personal knowledge, records or other documentation your agency possesses that identifies household ethnic and racial data.


Data management

Data Management

  • Collection systems must ensure that data collected/retained are:

    • Collected and retained by each program site

    • Kept secure and confidential

    • Submitted, if requested, to FNS Regional or Headquarters Offices

    • Kept on file for 3 years plus the current program year

    • Identify all sources of information used


Conflict resolution

Conflict Resolution


Conflict resolution1

Conflict Resolution

  • The USDA recommends using an Alternative Dispute Resolution (ADR) program

    ADR Definition: use of a neutral third party (usually a person acting as a facilitator) to resolve informally a complaint of discrimination through use of various techniques such as fact finding, mediation, peer panels, facilitation, ombudsman support, or conciliation.

    Visit http://www.fas.usda.gov/about-fas/civil-rights/alternative-dispute-resolution-adr-program

    for more information.


Reasonable accommodation of persons with disabilities

Reasonable Accommodation of Persons with Disabilities


Providing milk substitutions

Providing Milk Substitutions

  • USDA regulations only require substitutions or modifications in SMP milk choices for children whose disabilities restrict their diets based on a licensed physician’s assessment

    Example: food allergies causing life-threatening anaphylactic reactions

  • Disabilities must be documented by a physician’s statement

    Physician statement must: state the name of the child’s disability, identify how it limits one of the major life activities, specify foods the child cannot have and the foods to be substituted.

  • Generally, children with food allergies or intolerances do not have a disability. The agency may, but is not required to, make milk substitutions under these circumstances.

    Example: lactose intolerance, sensitivity to food additives


  • Complaint procedures

    Complaint Procedures


    Handling civil rights complaints

    Handling Civil Rights Complaints

    • Centers are required to develop and implement a written procedure to handle any discrimination complaint that may be received


    Right to file a complaint

    Right to File a Complaint

    Any person who believes he or she or someone he/she knows has been discriminated against based on Federal protected classes (ie. National origin, race, etc.) has a right to file a complaint within 180 days of the alleged discriminatory action.

    Complainants may contact any of the following offices to register a complaint:

    • USDA: Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish).

      2. Wisconsin DPI: Director, Community Nutrition Programs, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707-7841, (608)267-9129


    Handling civil rights complaints1

    Handling Civil Rights Complaints

    • Complaints can be written or verbal

    • Anonymous complaints should be handled as any other complaint

    • All verbal or written complaints must be forwarded to the WI DPI or Civil Rights Division of USDA Food and Nutrition Service within three days of receiving a complaint

    • Agencies must give complainants a Civil Rights Complaint Form to complete (Handout)

    • Document all potential complaints in a Civil Rights Complaint Log

    • Have a central location where the Civil Rights ComplaintForms and Civil Rights Complaint Log will be kept


    The following information should be included in a civil rights complaint

    The following information should be included in a Civil Rights Complaint

    • Name, address, phone number of complainant, if provided (not required)

    • Specific name and location of entity delivering the benefit or service

    • The nature of the incident, action, or method of administration that led the complainant to feel discriminated against


    The following information should be included in a civil rights complaint continued

    The following information should be included in a Civil Rights ComplaintContinued…

    • The basis on which the complainant feels discrimination exists (race, color, national origin, sex, age, or disability)

    • The names, titles, and business addresses of persons who may have knowledge of the discriminatory action

    • The date(s) during which the alleged discriminatory actions occurred, or if continuing, the duration of such actions


    Civil rights training

    Civil rights training


    Civil rights training for agency staff

    Civil Rights Training for Agency Staff

    • All staff who work with the SMP must receive training on all aspects of civil rights compliance annually.

    • Topics:-What is Discrimination?

      -Collecting/recording ethnic and racial data

      -Where to display posters

      -What is a Civil Rights complaint

      -How to handle a Civil Rights complaint

    • Retain training records of the people who received civil rights training.


    Customer service

    Customer Service


    Customer service1

    Customer Service

    • All participants must be allowed equal opportunities to participate in Child Nutrition programs regardless of race, color, national origin, sex, age, or disability.

    • All participants must be treated in the same manner (i.e. seating arrangements, serving lines, services and facilities, assignment of eating periods, methods of selection for application approval processes).


    Understanding differences respectful language

    Understanding Differences: Respectful Language

    Put the person first

    • Example: USE “person with a disability”, NOT “disabled person”

      http://www.kencrest.org/people_first_language.htm?gclid=CPPS9Zu2kpwCFSQeDQodKghFfA

      Use culturally sensitive language

  • Example: USE “Asian”, NOT “Oriental”

    http://www.sideroad.com/Business_Communication/politically-correct-language.html


  • Ask yourself each time you interact with participants

    Ask yourself each time you interact with participants…

    • How would I want to be addressed?

    • Am I treating this person in the same manner I treat others?

    • Have I informed this person exactly what information I need to make a determination on the application?

    • Have I given this person the opportunity to clarify all relevant factors or inconsistencies and ask questions?

    • Have I provided this person with needed information to make necessary decisions?


    Civil rights summary

    Civil Rights Summary


    Summary civil rights must do list

    Summary: Civil Rights“Must Do List”

    • Provide the SMP in a nondiscriminatory manner

    • Must offer milk to all children at the institution and milk substitutions to participants with disabilities

    • Prominently display the “And Justice for All” poster


    Summary civil rights must do list1

    Summary: Civil Rights“Must Do List”

    • Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or SMP, including websites

    • Annually complete the Ethnic and Racial Data Collection Form

    • Annually submit the News Media Release to a local news media outlet


    Summary civil rights must do list2

    Summary: Civil Rights“Must Do List”

    • Train staff annually on Civil Rights and complete a documentation of training form

    • Develop & fully implement your Civil Rights Complaint Procedure

    • Make available to all staff: Civil Rights complaint forms, Civil Rights Log and Civil Rights complaint procedure

    • Refer all Civil Rights complaints to DPI or USDA


    Questions

    Questions?


    Thank you

    Thank you!

    USDA Non-Discrimination Statement

    The U.S Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department.  (Not all prohibited bases will apply to all programs and/or employment activities.)

    If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected]

    Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish).

    USDA is an equal opportunity provider and employer.


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